§ 28.001 Definitions
§ 28.01 Bond of circuit court clerks; small counties
§ 28.02 Bond of circuit court clerks; large counties
§ 28.03 Obligation of sureties
§ 28.04 Justification of sureties
§ 28.05 Surety companies
§ 28.06 Power of clerk to appoint deputies
§ 28.07 Place of office
§ 28.071 Clerk’s seal
§ 28.09 Clerk ad interim
§ 28.101 Petitions and records of dissolution of marriage; additional charges
§ 28.12 Clerk of the board of county commissioners
§ 28.13 Papers and electronic filings
§ 28.14 Records, judgments, orders, and decrees prior to circuit courts
§ 28.15 Records from superior courts
§ 28.16 Certain records from prior county courts
§ 28.211 Clerk to keep docket
§ 28.212 Minutes of court proceedings
§ 28.213 Disposal of physical evidence filed as exhibits
§ 28.215 Pro se assistance
§ 28.222 Clerk to be county recorder
§ 28.22205 Electronic filing process
§ 28.2221 Electronic access to official records
§ 28.2222 Public records capital improvement plan
§ 28.2225 Title fraud prevention through identity verification; pilot program
§ 28.223 Probate records; recordation
§ 28.231 Service charges by clerks of courts
§ 28.235 Advance payments by clerk of circuit court
§ 28.24 Service charges
§ 28.2401 Service charges and filing fees in probate matters
§ 28.2402 Cost recovery; use of the circuit court for ordinance or special law violations
§ 28.2405 Comprehensive Case Information System
§ 28.241 Filing fees for trial and appellate proceedings
§ 28.242 Service charges retained when case laid in wrong venue
§ 28.243 Personal liability for accepting checks
§ 28.244 Refunds
§ 28.245 Transmittal of funds to Department of Revenue; uniform remittance form required
§ 28.2457 Mandatory monetary assessments
§ 28.246 Payment of court-related fines or other monetary penalties, fees, charges, and costs; partial payments; distribution of funds
§ 28.29 Recording of orders and judgments
§ 28.30 Records; destruction; reproduction; electronic recordkeeping
§ 28.31 Notice to county commissioners of intent to destroy; approval of board
§ 28.32 Destruction of certain instruments
§ 28.33 Investment of county funds by the clerk of the circuit court
§ 28.34 Salary discrimination based on gender or race; review within the county and circuit courts
§ 28.345 State access to records; exemption from court-related fees and charges
§ 28.35 Florida Clerks of Court Operations Corporation
§ 28.36 Budget procedure
§ 28.37 Fines, fees, service charges, and costs remitted to the state
§ 28.42 Manual of filing fees, charges, costs, and fines; payment plan form
§ 28.44 Clerk discontinuance of court-related functions
§ 28.45 Provision of financial data to Executive Office of the Governor
§ 28.47 Recording notification service

Terms Used In Florida Statutes > Chapter 28 - Clerks of the Circuit Courts

  • Access: means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, a computer system, a computer network, or an electronic device. See Florida Statutes 815.03
  • accommodation: shall include , but is not limited to, any apartment, residential cooperative unit, residential condominium unit, cabin, lodge, hotel or motel room, or other accommodation designed for overnight occupancy for one or more individuals. See Florida Statutes 719.103
  • Accommodation: means any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room, campground, cruise ship cabin, houseboat or other vessel, recreational or other motor vehicle, or any private or commercial structure which is real or personal property and designed for overnight occupancy by one or more individuals. See Florida Statutes 721.05
  • Account: means an arrangement under a terms-of-service agreement in which the custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Florida Statutes 740.002
  • Accounting period: means a calendar year unless another 12-month period is selected by a fiduciary. See Florida Statutes 738.102
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • agency: means any official, officer, commission, board, authority, council, committee, or department of the executive branch or the judicial branch of state government as defined in chapter 216. See Florida Statutes 110.107
  • Agent: means a person that is granted authority to act for a principal under a durable or nondurable power of attorney, whether denominated an agent, an attorney in fact, or otherwise. See Florida Statutes 740.002
  • Agreement for deed: means any written contract utilized in the sale of timeshare estates which provides that legal title will not be conveyed to the purchaser until the contract price has been paid in full and the terms of payment of which extend for a period in excess of 180 days after either the date of execution of the contract or completion of construction, whichever occurs later. See Florida Statutes 721.05
  • Agreement for transfer: means any written contract utilized in the sale of personal property timeshare interests which provides that legal title will not be transferred to the purchaser until the contract price has been paid in full and the terms of payment of which extend for a period in excess of 180 days after either the date of execution of the contract or completion of construction, whichever occurs later. See Florida Statutes 721.05
  • Agricultural chemicals manufacturing facility: means any facility, and any properties or structures associated with the facility, used for the manufacture, processing, or storage of agricultural chemicals classified in Industry Group 287 contained in the Standard Industrial Classification Manual, 1987, as published by the Office of Management and Budget, Executive Office of the President. See Florida Statutes 810.011
  • Allegation: something that someone says happened.
  • Alternate valuation date: The earlier of the date six months after the decedent
  • Alternative funding method: means a method approved by the division for funding the capital expenditures and deferred maintenance obligations for a multicondominium association operating at least 25 condominiums which may reasonably be expected to fully satisfy the association's reserve funding obligations by the allocation of funds in the annual operating budget. See Florida Statutes 718.103
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • amenity fee: means a sum or sums of money payable to the association, to the developer or other owner of common areas, or to recreational facilities and other properties serving the parcels by the owners of one or more parcels as authorized in the governing documents, which if not paid by the owner of a parcel, can result in a lien against the parcel. See Florida Statutes 720.301
  • Ammunition: means an object consisting of all of the following:
    (a) A fixed metallic or nonmetallic hull or casing containing a primer. See Florida Statutes 790.001
  • Amortization: Paying off a loan by regular installments.
  • Amounts secured by the lien: means all amounts secured by an assessment lien or mortgage lien, including, but not limited to, all past due amounts, accrued interest, late fees, taxes, advances for the payment of taxes, insurance and maintenance of the timeshare interest, and any fees or costs incurred by the lienholder or trustee, including any reasonable attorney's fees, trustee's fees, and costs incurred in connection with the default. See Florida Statutes 721.82
  • Ancillary administration: Probate administration of property (usually real property) owned in a State other than the one in which the decedent had his (her) principal residence at the time of death.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Antique firearm: means any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. See Florida Statutes 790.001
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicable law: means the law of the jurisdiction where the accommodations and facilities referred to are located. See Florida Statutes 721.52
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assessment: means a share of the funds which are required for the payment of common expenses, which from time to time is assessed against the unit owner. See Florida Statutes 718.103
  • Assessment: means a share of the funds required for the payment of common expenses, which from time to time is assessed against the unit owner. See Florida Statutes 719.103
  • Assessment: means the share of funds required for the payment of common expenses which is assessed from time to time against each purchaser by the managing entity. See Florida Statutes 721.05
  • Assessment lien: means :
    (a) A lien for delinquent assessments as provided in ss. See Florida Statutes 721.82
  • Asset: means a legal or equitable interest of the assignor in property, which includes anything that may be the subject of ownership, whether real or personal, tangible or intangible, including claims and causes of action, whether arising by contract or in tort, wherever located, and by whomever held at the date of the assignment, except property exempt by law from forced sale. See Florida Statutes 727.103
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assignee: means a natural person solely in such person's capacity as an assignee for the benefit of creditors under the provisions of this chapter, which assignee shall not be a creditor or an equity security holder or have any interest adverse to the interest of the estate. See Florida Statutes 727.103
  • Assignment: means an assignment for the benefit of creditors made under this chapter. See Florida Statutes 727.103
  • Assignor: means the person or entity that has executed and delivered the assignment to the assignee. See Florida Statutes 727.103
  • Association: means , in addition to any entity responsible for the operation of common elements owned in undivided shares by unit owners, any entity which operates or maintains other real property in which unit owners have use rights, where membership in the entity is composed exclusively of unit owners or their elected or appointed representatives and is a required condition of unit ownership. See Florida Statutes 718.103
  • Association: means the corporation for profit or not for profit that owns the record interest in the cooperative property or a leasehold of the property of a cooperative and that is responsible for the operation of the cooperative. See Florida Statutes 719.103
  • association: means a Florida corporation responsible for the operation of a community or a mobile home subdivision in which the voting membership is made up of parcel owners or their agents, or a combination thereof, and in which membership is a mandatory condition of parcel ownership, and which is authorized to impose assessments that, if unpaid, may become a lien on the parcel. See Florida Statutes 720.301
  • Association property: means that property, real and personal, which is owned or leased by, or is dedicated by a recorded plat to, the association for the use and benefit of its members. See Florida Statutes 718.103
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney for the alleged incapacitated person: means an attorney who represents the alleged incapacitated person. See Florida Statutes 744.102
  • Audit: means a systematic review of financial and all other documents to ensure compliance with…. See Florida Statutes 744.102
  • Authorized position: means a position included in an approved budget. See Florida Statutes 110.107
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Benefactor: means the creator of the interest that is subject to a disclaimer. See Florida Statutes 739.102
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Beneficiary: means , in the case of a decedent's estate, an heir or devisee and, in the case of a trust, an income beneficiary or a remainder beneficiary. See Florida Statutes 738.102
  • Beneficiary designation: means an instrument, other than an instrument creating or amending a trust, naming the beneficiary of:
    (a) An annuity or insurance policy;
    (b) An account with a designation for payment on death;
    (c) A security registered in beneficiary form;
    (d) A pension, profit-sharing, retirement, or other employment-related benefit plan; or
    (e) Any other nonprobate transfer at death. See Florida Statutes 739.102
  • Benefits: means arrears of pay, bonus, pension, compensation, insurance, and all other moneys paid or payable by the United States through the United States Department of Veterans Affairs by reason of service in the Armed Forces of the United States. See Florida Statutes 744.604
  • Bequest: Property gifted by will.
  • board: means the board of directors or other representative body which is responsible for administration of the association. See Florida Statutes 718.103
  • Board of administration: means the board of directors or other representative body responsible for administration of the association. See Florida Statutes 719.103
  • Broadband level: means all positions that are sufficiently similar in knowledge, skills, and abilities; the kind or subject matter of work; the level of difficulty or the level of responsibilities; and the qualification requirements of the work so as to warrant the same treatment with respect to title, pay band, and other personnel transactions. See Florida Statutes 110.107
  • Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite).
  • Bulk assignee: means a person who is not a bulk buyer and who:
    (a) Acquires more than seven condominium parcels in a single condominium as set forth in…. See Florida Statutes 718.703
  • Bulk buyer: means a person who acquires more than seven condominium parcels in a single condominium as set forth in…. See Florida Statutes 718.703
  • Buyer: means a person who purchases a condominium unit. See Florida Statutes 718.103
  • Buyer: means a person who purchases a cooperative. See Florida Statutes 719.103
  • Bylaws: means the bylaws of the association as they are amended from time to time. See Florida Statutes 718.103
  • Bylaws: means the bylaws of the association existing from time to time. See Florida Statutes 719.103
  • Carries: means to engage in the transmission of electronic communications. See Florida Statutes 740.002
  • Carrying value: means the fair market value at the time the assets are received by the fiduciary. See Florida Statutes 738.102
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Catalog of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See Florida Statutes 740.002
  • Chambers: A judge's office.
  • Charitable organization: means an organization described in…. See Florida Statutes 736.1201
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • chemical weapon or device: means any weapon of such nature, except a device known as a "self-defense chemical spray. See Florida Statutes 790.001
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Claims bar date: means the date that is 120 days after the date on which the petition is filed with the court. See Florida Statutes 727.103
  • clearinghouse: means the entity within the Institute for Family Violence Studies in the School of Social Work of the Florida State University, which serves as a statewide resource on supervised visitation issues by providing technical assistance, training, and research. See Florida Statutes 753.01
  • Clerk: means the clerk or deputy clerk of the court. See Florida Statutes 744.102
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Closing: means :
    (a) For any plan selling timeshare estates, conveyance of the legal or beneficial title to a timeshare estate as evidenced by the delivery of a deed for conveyance of legal title, or other instrument for conveyance of beneficial title, to the purchaser or to the clerk of the court for recording or conveyance of the equitable title to a timeshare estate as evidenced by the irretrievable delivery of an agreement for deed to the clerk of the court for recording. See Florida Statutes 721.05
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Commercial horticulture property: means any property that is cleared of its natural vegetation and is planted in commercially cultivated horticulture products that are planted, grown, or harvested. See Florida Statutes 810.011
  • Committee: means a group of board members, unit owners, or board members and unit owners appointed by the board or a member of the board to make recommendations to the board regarding the proposed annual budget or to take action on behalf of the board. See Florida Statutes 718.103
  • Committee: means a group of board members, unit owners, or board members and unit owners appointed by the board or a member of the board to make recommendations to the board regarding the association budget or take action on behalf of the board. See Florida Statutes 719.103
  • Common area: means all real property within a community which is owned or leased by an association or dedicated for use or maintenance by the association or its members, including, regardless of whether title has been conveyed to the association:
    (a) Real property the use of which is dedicated to the association or its members by a recorded plat; or
    (b) Real property committed by a declaration of covenants to be leased or conveyed to the association. See Florida Statutes 720.301
  • Common areas: includes within its meaning the following:
    (a) The cooperative property which is not included within the units. See Florida Statutes 719.103
  • Common elements: means the portions of the condominium property not included in the units. See Florida Statutes 718.103
  • Common expenses: means all expenses properly incurred by the association in the performance of its duties, including expenses specified in…. See Florida Statutes 718.103
  • Common expenses: means all expenses and assessments properly incurred by the association for the cooperative. See Florida Statutes 719.103
  • Common expenses: means :
    (a) Those expenses, fees, or taxes properly incurred for the maintenance, operation, and repair of the accommodations or facilities, or both, constituting the timeshare plan. See Florida Statutes 721.05
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Common surplus: means the amount of all receipts or revenues, including assessments, rents, or profits, collected by a condominium association which exceeds common expenses. See Florida Statutes 718.103
  • Common surplus: means the excess of all receipts of the association, including, but not limited to, assessments, rents, profits, and revenues on account of the common areas, over the amount of common expenses. See Florida Statutes 719.103
  • community: includes all real property, including undeveloped phases, that is or was the subject of a development-of-regional-impact development order, together with any approved modification thereto. See Florida Statutes 720.301
  • Community property: means the property and the appreciation of and income from the property owned by a qualified trustee of a community property trust during the marriage of the settlor spouses. See Florida Statutes 736.1502
  • Community property trust: means an express trust that complies with…. See Florida Statutes 736.1502
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Completion of construction: means :
  • Component site: means a specific geographic site where a portion of the accommodations and facilities of the multisite timeshare plan are located. See Florida Statutes 721.52
  • Computer: means an internally programmed, automatic device that performs data processing. See Florida Statutes 815.03
  • Computer contaminant: means any set of computer instructions designed to modify, damage, destroy, record, or transmit information within a computer, computer system, or computer network without the intent or permission of the owner of the information. See Florida Statutes 815.03
  • Computer network: means a system that provides a medium for communication between one or more computer systems or electronic devices, including communication with an input or output device such as a display terminal, printer, or other electronic equipment that is connected to the computer systems or electronic devices by physical or wireless telecommunication facilities. See Florida Statutes 815.03
  • Computer system: means a device or collection of devices, including support devices, one or more of which contain computer programs, electronic instructions, or input data and output data, and which perform functions, including, but not limited to, logic, arithmetic, data storage, retrieval, communication, or control. See Florida Statutes 815.03
  • Concealed firearm: means any firearm, as defined in subsection (9), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person. See Florida Statutes 790.001
  • Concealed weapon: means any dirk, metallic knuckles, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person. See Florida Statutes 790.001
  • Concurrent custody: means that an eligible extended family member is awarded custodial rights to care for a child concurrently with the child's parent or parents. See Florida Statutes 751.011
  • concurrent developer: which means any person acting concurrently with the persons in this subsection with the purpose of offering timeshare interests in the ordinary course of business. See Florida Statutes 721.05
  • Condominium: means that form of ownership of real property created pursuant to this chapter, which is comprised entirely of units that may be owned by one or more persons, and in which there is, appurtenant to each unit, an undivided share in common elements. See Florida Statutes 718.103
  • Condominium parcel: means a unit, together with the undivided share in the common elements appurtenant to the unit. See Florida Statutes 718.103
  • Condominium property: means the lands, leaseholds, and personal property that are subjected to condominium ownership, whether or not contiguous, and all improvements thereon and all easements and rights appurtenant thereto intended for use in connection with the condominium. See Florida Statutes 718.103
  • Consensual lienholder: means a creditor that has been granted a security interest or lien in personal property or real property of the assignor prior to the date on which a petition is filed with the court and whose security interest or lien has been perfected in accordance with applicable law. See Florida Statutes 727.103
  • Consent: means intelligent, knowing, and voluntary consent and does not include coerced submission. See Florida Statutes 794.011
  • Conspicuous type: means bold type in capital letters no smaller than the largest type, exclusive of headings, on the page on which it appears and, in all cases, at least 10-point type. See Florida Statutes 718.103
  • Conspicuous type: means type in capital letters no smaller than the largest type on the page on which it appears. See Florida Statutes 719.103
  • Conspicuous type: means :
    (a) Type in upper and lower case letters two point sizes larger than the largest nonconspicuous type, exclusive of headings, on the page on which it appears but in at least 10-point type; or
    (b) Where the use of 10-point type would be impractical or impossible with respect to a particular piece of written advertising material, a different style of type or print may be used, so long as the print remains conspicuous under the circumstances. See Florida Statutes 721.05
  • Construction: means construction, maintenance, operation, or repair in connection with any oil or gas pipeline or in connection with, or necessary for, the production of oil or gas, either in the development thereof or in working thereon in the subtractive process. See Florida Statutes 713.801
  • Construction site: means any property upon which there is construction that is subject to building permit posting requirements. See Florida Statutes 810.011
  • Consumer resale timeshare interest: means :
    (a) A timeshare interest owned by a purchaser;
    (b) One or more reserved occupancy rights relating to a timeshare interest owned by a purchaser; or
    (c) One or more reserved occupancy rights relating to, or arranged through, an exchange program in which a purchaser is a member. See Florida Statutes 721.05
  • Consumer timeshare reseller: means a purchaser who acquires a timeshare interest for his or her own use and occupancy and later offers the timeshare interest for resale or rental. See Florida Statutes 721.05
  • Content of an electronic communication: means information concerning the substance or meaning of the communication which:
    (a) Has been sent or received by a user;
    (b) Is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and
    (c) Is not readily accessible to the public. See Florida Statutes 740.002
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract: means any agreement conferring the rights and obligations of a timeshare plan on the purchaser. See Florida Statutes 721.05
  • Conveyance: means any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car; and "to enter a conveyance" includes taking apart any portion of the conveyance. See Florida Statutes 810.011
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cooperative: means that form of ownership of real property wherein legal title is vested in a corporation or other entity and the beneficial use is evidenced by an ownership interest in the association and a lease or other muniment of title or possession granted by the association as the owner of all the cooperative property. See Florida Statutes 719.103
  • Cooperative documents: means :
    (a) The documents that create a cooperative, including, but not limited to, articles of incorporation of the association, bylaws, and the ground lease or other underlying lease, if any. See Florida Statutes 719.103
  • Cooperative parcel: means the shares or other evidence of ownership in a cooperative representing an undivided share in the assets of the association, together with the lease or other muniment of title or possession. See Florida Statutes 719.103
  • Cooperative property: means the lands, leaseholds, and personal property owned by a cooperative association. See Florida Statutes 719.103
  • Corporate guardian: means a corporation authorized to exercise fiduciary or guardianship powers in this state and includes a nonprofit corporate guardian. See Florida Statutes 744.102
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Court: means a circuit court of this state. See Florida Statutes 740.002
  • Court: means the circuit court. See Florida Statutes 744.102
  • Court: means the circuit court where the petition is filed in accordance with…. See Florida Statutes 727.103
  • Court monitor: means a person appointed by the court under…. See Florida Statutes 744.102
  • creating developer: which means any person who creates the timeshare plan;
2. See Florida Statutes 721.05
  • Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
  • Creditor: means any person having a claim against the assignor, whether such claim is contingent, liquidated, unliquidated, or disputed. See Florida Statutes 727.103
  • Criminal activity: means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit:
    (a) Any crime that is chargeable by indictment or information under the following provisions:
  • Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Florida Statutes 740.002
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dart-firing stun gun: means any device having one or more darts that are capable of delivering an electrical current. See Florida Statutes 790.001
  • Data: means a representation of information, knowledge, facts, concepts, computer software, computer programs, or instructions. See Florida Statutes 815.03
  • Decedent: A deceased person.
  • declaration: means a recorded written instrument or instruments in the nature of covenants running with the land which subject the land comprising the community to the jurisdiction and control of an association or associations in which the owners of the parcels, or their association representatives, must be members. See Florida Statutes 720.301
  • declaration of condominium: means the instrument or instruments by which a condominium is created, as they are from time to time amended. See Florida Statutes 718.103
  • Decree: means a judgment or other order of a court of competent jurisdiction. See Florida Statutes 736.1502
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defense attorney: Represent defendants in criminal matters.
  • Delivery of notice: means delivery of a written notice required under this part using any commercial delivery service requiring a signed receipt or by any form of mail requiring a signed receipt. See Florida Statutes 736.1201
  • Department: means the Department of Children and Families. See Florida Statutes 753.01
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 720.301
  • Department: means the Department of Management Services. See Florida Statutes 110.107
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Designated recipient: means a person chosen by a user through an online tool to administer digital assets of the user. See Florida Statutes 740.002
  • Destructive device: means any bomb, grenade, mine, rocket, missile, pipebomb, or similar device containing an explosive, incendiary, or poison gas and includes any frangible container filled with an explosive, incendiary, explosive gas, or expanding gas, which is designed or so constructed as to explode by such filler and is capable of causing bodily harm or property damage; any combination of parts either designed or intended for use in converting any device into a destructive device and from which a destructive device may be readily assembled; any device declared a destructive device by the Bureau of Alcohol, Tobacco, and Firearms; any type of weapon which will, is designed to, or may readily be converted to expel a projectile by the action of any explosive and which has a barrel with a bore of one-half inch or more in diameter; and ammunition for such destructive devices, but not including shotgun shells or any other ammunition designed for use in a firearm other than a destructive device. See Florida Statutes 790.001
  • Developer: means a person who creates a condominium or offers condominium parcels for sale or lease in the ordinary course of business, but does not include:
    (a) An owner or lessee of a condominium or cooperative unit who has acquired the unit for his or her own occupancy;
    (b) A cooperative association that creates a condominium by conversion of an existing residential cooperative after control of the association has been transferred to the unit owners if, following the conversion, the unit owners are the same persons who were unit owners of the cooperative and no units are offered for sale or lease to the public as part of the plan of conversion;
    (c) A bulk assignee or bulk buyer as defined in…. See Florida Statutes 718.103
  • Developer: means a person who creates a cooperative or who offers cooperative parcels for sale or lease in the ordinary course of business, but does not include the owner or lessee of a unit who has acquired or leased the unit for his or her own occupancy, nor does it include a condominium association which creates a cooperative by conversion of an existing residential condominium after control of the association has been transferred to the unit owners if, following the conversion, the unit owners will be the same persons. See Florida Statutes 719.103
  • Developer: means a person or entity that:
    (a) Creates the community served by the association; or
    (b) Succeeds to the rights and liabilities of the person or entity that created the community served by the association, provided that such is evidenced in writing. See Florida Statutes 720.301
  • Developer: includes :
  • Devise: To gift property by will.
  • Digital asset: means an electronic record in which an individual has a right or interest. See Florida Statutes 740.002
  • Disclaimant: means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made. See Florida Statutes 739.102
  • Disclaimed interest: means the interest that would have passed to the disclaimant had the disclaimer not been made. See Florida Statutes 739.102
  • Disclaimer: means the refusal to accept an interest in or power over property. See Florida Statutes 739.102
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • discriminatory: means that a homeowner is being treated differently as to the rent charged, the services rendered, or an action for possession or other civil action being taken by the park owner, without a reasonable basis for the different treatment. See Florida Statutes 723.003
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Dissolution: means either:
    (a) Termination of a marriage by a decree of dissolution, divorce, annulment, or declaration of invalidity; or
    (b) Entry of a decree of legal separation maintenance by a court of competent jurisdiction in another state that recognizes legal separation or maintenance under its laws. See Florida Statutes 736.1502
  • Distributor: means any person engaged in the business of selling sparklers to a wholesaler. See Florida Statutes 791.01
  • Division: means the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation. See Florida Statutes 718.103
  • Division: means the Division of the State Fire Marshal of the Department of Financial Services. See Florida Statutes 791.01
  • Division: means the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation. See Florida Statutes 719.103
  • Division: means the Division of Florida Condominiums, Timeshares, and Mobile Homes in the Department of Business and Professional Regulation. See Florida Statutes 720.301
  • Division: means the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation. See Florida Statutes 721.05
  • Division: means the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation. See Florida Statutes 723.003
  • Docket: A log containing brief entries of court proceedings.
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Drilling: means drilling, digging, torpedoing, acidizing, perforating, fracturing, testing, logging, cementing, completing, or repairing upon any land or leasehold for oil or gas purposes or for any oil or gas pipeline. See Florida Statutes 713.801
  • Dump: means to dump, throw, discard, place, deposit, or dispose of any litter. See Florida Statutes 810.011
  • During marriage: means a period that begins at marriage and ends upon the dissolution of marriage or upon the death of a spouse. See Florida Statutes 736.1502
  • Dwelling: means a building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof. See Florida Statutes 810.011
  • Electric weapon or device: means any device which, through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury. See Florida Statutes 790.001
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Florida Statutes 740.002
  • Electronic communication service: means a custodian that provides to a user the ability to send or receive an electronic communication. See Florida Statutes 740.002
  • Electronic device: means a device or a portion of a device that is designed for and capable of communicating across a computer network with other computers or devices for the purpose of transmitting, receiving, or storing data, including, but not limited to, a cellular telephone, tablet, or other portable device designed for and capable of communicating with or across a computer network and that is actually used for such purpose. See Florida Statutes 815.03
  • Electronic transmission: means a form of communication, not directly involving the physical transmission or transfer of paper, that creates a record that may be retained, retrieved, and reviewed by a recipient and that may be directly reproduced in a comprehensible and legible paper form by the recipient through an automated process, such as a printer or copy machine. See Florida Statutes 723.003
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employing agency: means any agency authorized to employ personnel to carry out the responsibilities of the agency under the provisions of chapter 20 or other law. See Florida Statutes 110.107
  • Enrolled: means paid membership in an exchange program or membership in an exchange program evidenced by written acceptance or confirmation of membership. See Florida Statutes 721.05
  • Enterprise: means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity, or any unchartered union, association, or group of individuals associated in fact although not a legal entity; and the term includes illicit as well as licit enterprises and governmental, as well as other, entities. See Florida Statutes 772.102
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Equity facilities club: means a club comprised of recreational facilities in which proprietary membership interests are sold to individuals, which membership interests entitle the individuals to use certain physical facilities owned by the equity club. See Florida Statutes 719.103
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Escrow account: means an account established solely for the purposes set forth in this chapter with a financial institution located within this state. See Florida Statutes 721.05
  • Escrow agent: includes only:
    (a) A savings and loan association, bank, trust company, or other financial institution, any of which must be located in this state and any of which must have a net worth in excess of $5 million;
    (b) An attorney who is a member of The Florida Bar or his or her law firm;
    (c) A real estate broker who is licensed pursuant to chapter 475 or his or her brokerage firm; or
    (d) A title insurance agent that is licensed pursuant to…. See Florida Statutes 721.05
  • Established position: means an authorized position that has been classified in accordance with a classification and pay plan as provided by law. See Florida Statutes 110.107
  • Estate: means income on hand and assets acquired in whole or in part with income. See Florida Statutes 744.604
  • Estate: means the property of a ward subject to administration. See Florida Statutes 744.102
  • Estate: means all of the assets of the assignor. See Florida Statutes 727.103
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Exchange company: means any person owning or operating, or owning and operating, an exchange program. See Florida Statutes 721.05
  • Exchange monitoring: means supervision of movement of a child from one parent to the other parent at the start of the visit and back to the first parent at the end of the visit. See Florida Statutes 753.01
  • Exchange program: means any method, arrangement, or procedure for the voluntary exchange of the right to use and occupy accommodations and facilities among purchasers. See Florida Statutes 721.05
  • Executor: A male person named in a will to carry out the decedent
  • Explosive: means any chemical compound or mixture that has the property of yielding readily to combustion or oxidation upon application of heat, flame, or shock, including but not limited to dynamite, nitroglycerin, trinitrotoluene, or ammonium nitrate when combined with other ingredients to form an explosive mixture, blasting caps, and detonators; but not including:
    (a) Shotgun shells, cartridges, or ammunition for firearms;
    (b) Fireworks as defined in…. See Florida Statutes 790.001
  • Explosive compound: means any chemical compound, mixture, or device the primary or common purpose of which is to function by the substantially instantaneous release of gas and heat. See Florida Statutes 791.01
  • Extended family member: means a person who is:
    (a) A relative of a minor child within the third degree by blood or marriage to the parent;
    (b) The stepparent of a minor child if the stepparent is currently married to the parent of the child and is not a party in a pending dissolution, separate maintenance, domestic violence, or other civil or criminal proceeding in any court of competent jurisdiction involving one or both of the child's parents as an adverse party; or
    (c) An individual who qualifies as "fictive kin" as defined in…. See Florida Statutes 751.011
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Facility: means any permanent amenity, including any structure, furnishing, fixture, equipment, service, improvement, or real or personal property, improved or unimproved, other than an accommodation of the timeshare plan, which is made available to the purchasers of a timeshare plan. See Florida Statutes 721.05
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: means a personal representative, trustee, agent acting under a power of attorney, guardian, or other person authorized to act as a fiduciary with respect to the property of another person. See Florida Statutes 739.102
  • Fiduciary: means an original, additional, or successor personal representative, guardian, agent, or trustee. See Florida Statutes 740.002
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: means a personal representative or a trustee. See Florida Statutes 738.102
  • Filed public offering statement: means a public offering statement that has been filed with the division pursuant to…. See Florida Statutes 721.05
  • Filing date: means the date upon which the original petition is filed in accordance with…. See Florida Statutes 727.103
  • Firearm: means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. See Florida Statutes 790.001
  • Firefighter: means a firefighter certified under chapter 633. See Florida Statutes 110.107
  • Fireworks: means and includes any combustible or explosive composition or substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation. See Florida Statutes 791.01
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Forbearance: A means of handling a delinquent loan. A
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign guardian: means a guardian appointed in another state or country. See Florida Statutes 744.102
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Full-time position: means a position authorized for the entire normally established work period, whether daily, weekly, monthly, or annually. See Florida Statutes 110.107
  • Future interest: means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation. See Florida Statutes 739.102
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing documents: means :
    (a) The recorded declaration of covenants for a community and all duly adopted and recorded amendments, supplements, and recorded exhibits thereto; and
    (b) The articles of incorporation and bylaws of the homeowners' association and any duly adopted amendments thereto. See Florida Statutes 720.301
  • Grandparent: shall include great-grandparent. See Florida Statutes 752.001
  • Grantor: The person who establishes a trust and places property into it.
  • Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: means a person who is appointed by the court as guardian of the property of a minor or an incapacitated individual. See Florida Statutes 740.002
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: means any person acting as a fiduciary for a ward's person or the ward's estate, or both. See Florida Statutes 744.604
  • Guardian: means a person who has been appointed by the court to act on behalf of a ward's person or property, or both. See Florida Statutes 744.102
  • Guardian ad litem: means a person who is appointed by the court having jurisdiction of the guardianship or a court in which a particular legal matter is pending to represent a ward in that proceeding. See Florida Statutes 744.102
  • Guardian advocate: means a person appointed by a written order of the court to represent a person with developmental disabilities under…. See Florida Statutes 744.102
  • Handgun: means a firearm capable of being carried and used by one hand, such as a pistol or revolver. See Florida Statutes 790.001
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • homeowner: means a person who owns a mobile home and rents or leases a lot within a mobile home park for residential use. See Florida Statutes 723.003
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Incapacitated person: means a person who has been judicially determined to lack the capacity to manage at least some of the property or to meet at least some of the essential health and safety requirements of the person. See Florida Statutes 744.102
  • Incidental benefit: means an accommodation, product, service, discount, or other benefit which is offered to a prospective purchaser of a timeshare plan or to a purchaser of a timeshare plan prior to the expiration of his or her initial 10-day voidability period pursuant to…. See Florida Statutes 721.05
  • Income: means moneys received from the United States Department of Veterans Affairs as benefits, and revenue or profit from any property acquired in whole or in part with such moneys. See Florida Statutes 744.604
  • Income: means money or property that a fiduciary receives as current return from a principal asset. See Florida Statutes 738.102
  • Income beneficiary: means a person to whom net income of a trust is or may be payable. See Florida Statutes 738.102
  • Income interest: means the right of an income beneficiary to receive all or part of net income, whether the terms of the trust require the net income to be distributed or authorize the net income to be distributed in the trustee's discretion. See Florida Statutes 738.102
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: means an indictment or an information in any court under which a crime punishable by imprisonment for a term exceeding 1 year may be prosecuted. See Florida Statutes 790.001
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Florida Statutes 740.002
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insolvent: means , solely for purposes of this chapter, that the sum of a person's debts is greater than all of the person's assets at fair valuation and that the person is generally not paying his or her debts as they become due. See Florida Statutes 739.102
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Intellectual property: means data, including programs. See Florida Statutes 815.03
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest holder: means a person, or his or her agent, holding, for oil or gas purposes or for any oil or gas pipeline, any interest in the legal or equitable title to any land or any leasehold interest, and shall include purchasers under executory contract, receivers, and trustees. See Florida Statutes 713.801
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interestholder: means a developer, an owner of the underlying fee or owner of the underlying personal property, a mortgagee, judgment creditor, or other lienor, or any other person having an interest in or lien or encumbrance against the accommodations or facilities of the timeshare plan. See Florida Statutes 721.05
  • Internal Revenue Code: means the Internal Revenue Code of 1986, as amended. See Florida Statutes 736.1201
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intestate: Dying without leaving a will.
  • Inventory: means the accommodations and facilities located at a particular component site or sites owned, leased, licensed, or otherwise acquired for use by a developer and offered as part of the multisite timeshare plan. See Florida Statutes 721.52
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Job family: means a defined grouping of one or more occupational groups. See Florida Statutes 110.107
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Jointly held property: means property held in the names of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property. See Florida Statutes 739.102
  • Junior interestholder: means any person who has a lien or interest of record against a timeshare interest in the county or counties in which the timeshare interest is located, which is inferior to the mortgage lien or assessment lien being foreclosed under this part. See Florida Statutes 721.82
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: means the surface of a legally described parcel of real property and includes, unless otherwise specified in the declaration and whether separate from or including such surface, airspace lying above and subterranean space lying below such surface. See Florida Statutes 718.103
  • Law enforcement officer: means :
    (a) All officers or employees of the United States or the State of Florida, or any agency, commission, department, board, division, municipality, or subdivision thereof, who have authority to make arrests;
    (b) Officers or employees of the United States or the State of Florida, or any agency, commission, department, board, division, municipality, or subdivision thereof, duly authorized to carry a concealed weapon;
    (c) Members of the Armed Forces of the United States, the organized reserves, state militia, or Florida National Guard, when on duty, when preparing themselves for, or going to or from, military duty, or under orders;
    (d) An employee of the state prisons or correctional systems who has been so designated by the Department of Corrections or by a warden of an institution;
    (e) All peace officers;
    (f) All state attorneys and United States attorneys and their respective assistants and investigators. See Florida Statutes 790.001
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lead dealer: means any person who sells or otherwise provides a resale service provider or any other person with personal contact information for five or more owners of timeshare interests. See Florida Statutes 721.05
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Legislative Auditing Committee: means a committee or committees designated by joint rule of the Legislature, by the President of the Senate or the Speaker of the House of Representatives, or by agreement between the President of the Senate and the Speaker of the House of Representatives. See Florida Statutes 1.01
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lien: means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien. See Florida Statutes 727.103
  • Lienholder: means a holder of an assessment lien or a holder of a mortgage lien, as applicable. See Florida Statutes 721.82
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Limited common areas: means those common areas which are reserved for the use of a certain cooperative unit or units to the exclusion of other units, as specified in the cooperative documents. See Florida Statutes 719.103
  • Limited common elements: means those common elements which are reserved for the use of a certain unit or units to the exclusion of all other units, as specified in the declaration. See Florida Statutes 718.103
  • Limited guardian: means a guardian who has been appointed by the court to exercise the legal rights and powers specifically designated by court order entered after the court has found that the ward lacks the capacity to do some, but not all, of the tasks necessary to care for his or her person or property, or after the person has voluntarily petitioned for appointment of a limited guardian. See Florida Statutes 744.102
  • Lineal descendant: Direct descendant of the same ancestors.
  • Liquidation value: means the value in cash obtainable upon a forced sale of assets after payment of valid liens encumbering said assets. See Florida Statutes 727.103
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Litter: means any garbage, rubbish, trash, refuse, debris, can, bottle, box, container, paper, tobacco product, tire, domestic or commercial appliance, mechanical equipment or part, building or construction material, tool, machinery, wood, motor vehicle or motor vehicle part, vessel, aircraft, or farm machinery or equipment; sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility; or substance in any form resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. See Florida Statutes 810.011
  • Lot rental amount: means all financial obligations, except user fees, which are required as a condition of the tenancy. See Florida Statutes 723.003
  • Machine gun: means any firearm which shoots, or is designed to shoot, automatically more than one shot, without manually reloading, by a single function of the trigger. See Florida Statutes 790.001
  • manage property: means to take those actions necessary to obtain, administer, and dispose of real and personal property, intangible property, business property, benefits, and income. See Florida Statutes 744.102
  • Managing entity: means the person who operates or maintains the timeshare plan pursuant to…. See Florida Statutes 721.05
  • Mandatory income interest: means the right of an income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute. See Florida Statutes 738.102
  • Manufacturer: means any person engaged in the manufacture or construction of sparklers in this state. See Florida Statutes 791.01
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Material: means any machinery, equipment, appliances, buildings, structures, tools, bits, or supplies used in connection with any construction, drilling, or operating upon any land or leasehold for oil or gas purposes or for any oil or gas pipeline. See Florida Statutes 713.801
  • Mediation: means a process whereby a mediator appointed by the Division of Florida Condominiums, Timeshares, and Mobile Homes, or mutually selected by the parties, acts to encourage and facilitate the resolution of a dispute. See Florida Statutes 723.003
  • Member: means a member of an association, and may include, but is not limited to, a parcel owner or an association representing parcel owners or a combination thereof, and includes any person or entity obligated by the governing documents to pay an assessment or amenity fee. See Florida Statutes 720.301
  • Memorandum of agreement: means a written document, in a form sufficient to permit the document to be recorded or otherwise filed in the appropriate public records and to provide constructive notice of its contents under applicable law, which includes the names of the seller and the purchasers, a legal description of the timeshare property or other sufficient description for a personal property timeshare plan, and all timeshare interests to be included in such document, and a description of the type of timeshare interest sold by the seller. See Florida Statutes 721.05
  • Mentally defective: means a mental disease or defect which renders a person temporarily or permanently incapable of appraising the nature of his or her conduct. See Florida Statutes 794.011
  • minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
  • Minor: means a person under 18 years of age whose disabilities have not been removed by marriage or otherwise. See Florida Statutes 744.102
  • Missing: means having whereabouts which are unknown for a period of at least 90 days and not being able to be located after a diligent search and inquiry. See Florida Statutes 752.001
  • Mobile home: means a residential structure, transportable in one or more sections, which is 8 body feet or more in width, over 35 body feet in length with the hitch, built on an integral chassis, designed to be used as a dwelling when connected to the required utilities, and not originally sold as a recreational vehicle, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. See Florida Statutes 723.003
  • Mobile home lot: means a lot described by a park owner pursuant to the requirements of…. See Florida Statutes 723.003
  • Mobile home subdivision: means a subdivision of mobile homes where individual lots are owned by owners and where a portion of the subdivision or the amenities exclusively serving the subdivision are retained by the subdivision developer. See Florida Statutes 723.003
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage lien: means a security interest in a timeshare interest created by a mortgage encumbering the timeshare interest. See Florida Statutes 721.82
  • Mortgagee: means a person holding a mortgage lien. See Florida Statutes 721.82
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: means a person granting a mortgage lien or a person who has assumed the obligation secured by a mortgage lien. See Florida Statutes 721.82
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Multicondominium: means real property containing two or more condominiums, all of which are operated by the same association. See Florida Statutes 718.103
  • Multisite timeshare plan: means any method, arrangement, or procedure with respect to which a purchaser obtains, by any means, a recurring right to use and occupy accommodations or facilities of more than one component site, only through use of a reservation system, whether or not the purchaser is able to elect to cease participating in the plan. See Florida Statutes 721.52
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Negative notice: means notice as set forth in…. See Florida Statutes 727.103
  • Net income: means the total receipts allocated to income during an accounting period minus the disbursements made from income during the period, plus or minus transfers under this chapter to or from income during the period. See Florida Statutes 738.102
  • Next of kin: means those persons who would be heirs at law of the ward or alleged incapacitated person if the person were deceased and includes the lineal descendants of the ward or alleged incapacitated person. See Florida Statutes 744.102
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonspecific multisite timeshare plan: means a multisite timeshare plan with respect to which a purchaser receives a right to use all of the accommodations and facilities, if any, of the multisite timeshare plan through the reservation system, but no specific right to use any particular accommodations and facilities for the remaining term of the multisite timeshare plan in the event that the reservation system is terminated for any reason prior to the expiration of the term of the multisite timeshare plan. See Florida Statutes 721.52
  • Notice address: means :
    (a) As to an assessment lien, the address of the owner of a timeshare interest as reflected by the books and records of the timeshare plan under ss. See Florida Statutes 721.82
  • oath: includes affirmations. See Florida Statutes 1.01
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Obligor: means the mortgagor, the person subject to an assessment lien, or the record owner of the timeshare interest. See Florida Statutes 721.82
  • Occupation: means all positions that are sufficiently similar in knowledge, skills, abilities, and the kind or subject matter of work. See Florida Statutes 110.107
  • Occupational group: means a group of occupations that are sufficiently similar in the kind of work performed to warrant the use of the same performance factors in determining the level of complexity for all occupations in that occupational group. See Florida Statutes 110.107
  • Offender: means a person accused of a sexual offense in violation of a provision of this chapter. See Florida Statutes 794.011
  • offer: means the solicitation, advertisement, or inducement, or any other method or attempt, to encourage any person to acquire the opportunity to participate in a timeshare plan. See Florida Statutes 721.05
  • Office of Economic and Demographic Research: means an entity designated by joint rule of the Legislature or by agreement between the President of the Senate and the Speaker of the House of Representatives. See Florida Statutes 1.01
  • Office of Program Policy Analysis and Government Accountability: means an entity designated by joint rule of the Legislature or by agreement between the President of the Senate and the Speaker of the House of Representatives. See Florida Statutes 1.01
  • Official records: means each instrument that the clerk of the circuit court is required or authorized to record in one general series called "Official Records" as provided for in…. See Florida Statutes 28.001
  • Oil or gas pipeline: means any pipeline laid and designed as a means of transporting natural gas, oil, or gasoline, or their components or derivatives, and the right-of-way therefor. See Florida Statutes 713.801
  • One-to-one use right to use night requirement ratio: means that the sum of the nights that owners are entitled to use in a given 12-month period shall not exceed the number of nights available for use by those owners during the same 12-month period. See Florida Statutes 721.05
  • Online tool: means an electronic service provided by a custodian which allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See Florida Statutes 740.002
  • Operating: means conducting any operation in connection with, or necessary to, the production of oil or gas, either in the development thereof or in working thereon in the subtractive process. See Florida Statutes 713.801
  • operation of the condominium: includes the administration and management of the condominium property and the association. See Florida Statutes 718.103
  • operation of the cooperative: includes the administration and management of the cooperative property. See Florida Statutes 719.103
  • Operator: means the person in charge of operations on lands or leaseholds for oil or gas purposes or for any oil or gas pipeline. See Florida Statutes 713.801
  • Operator of a mobile home park: means either a person who establishes a mobile home park on land that is leased from another person or a person who has been delegated the authority to act as the park owner in matters relating to the administration and management of the mobile home park, including, but not limited to, authority to make decisions relating to the mobile home park. See Florida Statutes 723.003
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Original contractor: means any person for whose benefit a lien is prescribed by the provisions of…. See Florida Statutes 713.801
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner of a unit: means a record owner of legal title to a condominium parcel. See Florida Statutes 718.103
  • owner of a unit: means the person holding a share in the cooperative association and a lease or other muniment of title or possession of a unit that is granted by the association as the owner of the cooperative property. See Florida Statutes 719.103
  • owner of the underlying personal property: means any person having an interest in the real property or personal property comprising or underlying the accommodations or facilities of a timeshare plan at or subsequent to the time of creation of the timeshare plan. See Florida Statutes 721.05
  • Parcel: means a platted or unplatted lot, tract, unit, or other subdivision of real property within a community, as described in the declaration:
    (a) Which is capable of separate conveyance; and
    (b) Of which the parcel owner, or an association in which the parcel owner must be a member, is obligated:
  • Parcel owner: means the record owner of legal title to a parcel. See Florida Statutes 720.301
  • park: means a use of land in which lots or spaces are offered for rent or lease for the placement of mobile homes and in which the primary use of the park is residential. See Florida Statutes 723.003
  • park owner: means an owner or operator of a mobile home park. See Florida Statutes 723.003
  • parties: means a park owner as defined in subsection (13) and a homeowners' committee selected pursuant to…. See Florida Statutes 723.003
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Pass-through charge: means the mobile home owner's proportionate share of the necessary and actual direct costs and impact or hookup fees for a governmentally mandated capital improvement, which may include the necessary and actual direct costs and impact or hookup fees incurred for capital improvements required for public or private regulated utilities. See Florida Statutes 723.003
  • Pattern of criminal activity: means engaging in at least two incidents of criminal activity that have the same or similar intents, results, accomplices, victims, or methods of commission or that otherwise are interrelated by distinguishing characteristics and are not isolated incidents; provided that the last of such incidents occurred within 5 years after a prior incident of criminal activity. See Florida Statutes 772.102
  • Pay band: means the minimum salary, the maximum salary, and intermediate rates that are payable for work in a specific broadband level. See Florida Statutes 110.107
  • Pay plan: means a formal description of the philosophy, methods, procedures, and salary schedules for competitively compensating employees at market-based rates for work performed. See Florida Statutes 110.107
  • Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
  • Permitted delivery service: means any nationally recognized common carrier delivery service, international airmail service that allows for return receipt service, or a service recognized by an international jurisdiction as the equivalent of certified, registered mail for that jurisdiction. See Florida Statutes 721.82
  • Person: means an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See Florida Statutes 740.002
  • Person: means an individual, a partnership, a corporation, or an association. See Florida Statutes 744.604
  • person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, or any other legal or commercial entity or a government or governmental subdivision, agency, or instrumentality. See Florida Statutes 738.102
  • Person: includes individuals, ascertained and unascertained, living or not living, whether entitled to an interest by right of intestacy or otherwise; a government, governmental subdivision, agency, or instrumentality; and a public corporation. See Florida Statutes 739.102
  • Personal contact information: means any information that can be used to contact the owner of a specific timeshare interest, including, but not limited to, the owner's name, address, telephone number, and e-mail address. See Florida Statutes 721.05
  • Personal property: All property that is not real property.
  • Personal property timeshare interest: means a right to occupy an accommodation located on or in or comprised of personal property that is not permanently affixed to real property, whether or not coupled with a beneficial or ownership interest in the accommodations or personal property. See Florida Statutes 721.05
  • personal property timeshare plan: which means a timeshare plan in which the accommodations are comprised of personal property that is not permanently affixed to real property; and
  • (b) A "real property timeshare plan" which means a timeshare plan in which the accommodations of the timeshare plan are comprised of or permanently affixed to real property. See Florida Statutes 721.05
  • Personal representative: means the fiduciary appointed by the court to administer the estate of a deceased individual pursuant to letters of administration or an order appointing a curator or administrator ad litem for the estate. See Florida Statutes 740.002
  • Petition: means the initial document filed with the court, as set forth in…. See Florida Statutes 727.103
  • Physically helpless: means unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act. See Florida Statutes 794.011
  • Physically incapacitated: means bodily impaired or handicapped and substantially limited in ability to resist or flee. See Florida Statutes 794.011
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Plenary guardian: means a person who has been appointed by the court to exercise all delegable legal rights and powers of the ward after the court has found that the ward lacks the capacity to perform all of the tasks necessary to care for his or her person or property. See Florida Statutes 744.102
  • political subdivision: include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state. See Florida Statutes 1.01
  • Position: means the work, consisting of duties and responsibilities, assigned to be performed by an officer or employee. See Florida Statutes 110.107
  • Power of attorney: means a record that grants an agent authority to act in the place of a principal pursuant to chapter 709. See Florida Statutes 740.002
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Preneed guardian: means a person named in a written declaration to serve as guardian in the event of the incapacity of the declarant as provided in…. See Florida Statutes 744.102
  • Principal: means an individual who grants authority to an agent in a power of attorney. See Florida Statutes 740.002
  • Principal: means property held in trust for distribution to a remainder beneficiary when the trust terminates. See Florida Statutes 738.102
  • Private foundation trust: means a trust, including a trust described in…. See Florida Statutes 736.1201
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Professional guardian: means any guardian who has at any time rendered services to three or more wards as their guardian. See Florida Statutes 744.102
  • Promotion: means the changing of the classification of an employee to a broadband level having a higher maximum salary; or the changing of the classification of an employee to a broadband level having the same or a lower maximum salary but a higher level of responsibility. See Florida Statutes 110.107
  • Property: means anything of value as defined in…. See Florida Statutes 815.03
  • Property: means both real and personal property or any interest in it and anything that may be the subject of ownership. See Florida Statutes 744.102
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public offering statement: means the written materials describing a single-site timeshare plan or a multisite timeshare plan, including a text and any exhibits attached thereto as required by ss. See Florida Statutes 721.05
  • Purchaser: means any person, other than a developer, who by means of a voluntary transfer acquires a legal or equitable interest in a timeshare plan other than as security for an obligation. See Florida Statutes 721.05
  • Purchaser public offering statement: means that portion of the filed public offering statement which must be delivered to purchasers pursuant to…. See Florida Statutes 721.05
  • Qualified trustee: means either:
    (a) A natural person who is a resident of the state; or
    (b) A company authorized to act as a trustee in the state. See Florida Statutes 736.1502
  • Quorum: The number of legislators that must be present to do business.
  • Readily accessible for immediate use: means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person. See Florida Statutes 790.001
  • Real property: means any real property or any direct or indirect interest in such real property. See Florida Statutes 772.102
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recess: A temporary interruption of the legislative business.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Florida Statutes 740.002
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Registered agent: means an agent duly appointed by the obligor under…. See Florida Statutes 721.82
  • registered mail: include certified mail with return receipt requested. See Florida Statutes 1.01
  • Registered office: means the street address of the business office of the registered agent appointed under…. See Florida Statutes 721.82
  • Regulated short-term product: means a contractual right, offered by the seller, to use accommodations of a timeshare plan or other accommodations, provided that:
    (a) The agreement to purchase the short-term right to use is executed in this state on the same day that the prospective purchaser receives an offer to acquire an interest in a timeshare plan and does not execute a purchase contract, after attending a sales presentation; and
    (b) The acquisition of the right to use includes an agreement that all or a portion of the consideration paid by the prospective purchaser for the right to use will be applied to or credited against the price of a future purchase of a timeshare interest, or that the cost of a future purchase of a timeshare interest will be fixed or locked in at a specified price. See Florida Statutes 721.05
  • Related persons: means , as to natural persons, persons who are related by blood within the second degree or who are married and, as to other persons, persons which are substantially under the same direction, ownership, or control, either directly or indirectly. See Florida Statutes 772.102
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remainder beneficiary: means a person entitled to receive principal when an income interest ends. See Florida Statutes 738.102
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Remote computing service: means a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system as defined in 18 U. See Florida Statutes 740.002
  • Rental agreement: means any written agreement, or oral agreement if for less duration than 1 year, providing for use and occupancy of premises. See Florida Statutes 718.103
  • Rental agreement: means any written agreement, or oral agreement if for less duration than 1 year, providing for use and occupancy of premises. See Florida Statutes 719.103
  • rental agreement: means any mutual understanding or lease, whether oral or written, between a mobile home owner and a mobile home park owner in which the mobile home owner is entitled to place his or her mobile home on a mobile home lot for either direct or indirect remuneration of the mobile home park owner. See Florida Statutes 723.003
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Resale advertiser: means any person who offers, personally or through an agent, resale advertising services to consumer timeshare resellers for compensation or valuable consideration, regardless of whether the offer is made in person, by mail, by telephone, through the Internet, or by any other medium of communication. See Florida Statutes 721.05
  • Resale advertising service: means any good or service relating to, or a promise of assistance in connection with, advertising or promoting the resale or rental of a consumer resale timeshare interest located or offered within this state, including any offer to advertise or promote the sale or purchase of any such interest. See Florida Statutes 721.05
  • Resale agreement: means a contract in which a mobile home owner authorizes the mobile home park owner, or the park owner's designee, to act as exclusive agent for the sale of the homeowner's mobile home for a commission or fee. See Florida Statutes 723.003
  • Resale broker: means any person, or any agent or employee of such person, who is licensed pursuant to chapter 475 and who offers or provides resale brokerage services to consumer timeshare resellers for compensation or valuable consideration, regardless of whether the offer is made in person, by mail, by telephone, through the Internet, or by any other medium of communication. See Florida Statutes 721.05
  • Resale brokerage services: means , with respect to a consumer resale timeshare interest in a timeshare property located or offered within this state, any activity that directly or indirectly consists of any of the activities described in…. See Florida Statutes 721.05
  • Resale service provider: means any resale advertiser, or other person or entity, including any agent or employee of such person or entity, who offers or uses telemarketing, direct mail, e-mail, or any other means of communication in connection with the offering of resale brokerage or resale advertising services to consumer timeshare resellers. See Florida Statutes 721.05
  • Resale transfer agreement: means a contract or other agreement between a person offering timeshare interest transfer services and a consumer timeshare reseller, in which the person offering timeshare interest transfer services agrees to provide such services as described in…. See Florida Statutes 721.05
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Reservation system: means the method, arrangement, or procedure by which a purchaser, in order to reserve the use and occupancy of any accommodation or facility of the multisite timeshare plan for one or more use periods, is required to compete with other purchasers in the same multisite timeshare plan regardless of whether such reservation system is operated and maintained by the multisite timeshare plan managing entity, an exchange company, or any other person. See Florida Statutes 721.52
  • Residential condominium: means a condominium consisting of two or more units, any of which are intended for use as a private temporary or permanent residence, except that a condominium is not a residential condominium if the use for which the units are intended is primarily commercial or industrial and not more than three units are intended to be used for private residence, and are intended to be used as housing for maintenance, managerial, janitorial, or other operational staff of the condominium. See Florida Statutes 718.103
  • Residential cooperative: means a cooperative consisting of cooperative units, any of which are intended for use as a private residence. See Florida Statutes 719.103
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retailer: means any person who, at a fixed place of business, is engaged in selling sparklers to consumers at retail. See Florida Statutes 791.01
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Seasonal retailer: means any person engaged in the business of selling sparklers at retail in this state from June 20 through July 5 and from December 10 through January 2 of each year. See Florida Statutes 791.01
  • Secretary: means the Secretary of Veterans Affairs as head of the United States Department of Veterans Affairs or her or his successor. See Florida Statutes 744.604
  • Secretary: means the Secretary of Management Services. See Florida Statutes 110.107
  • Securely encased: means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access. See Florida Statutes 790.001
  • Self-defense chemical spray: means a device carried solely for purposes of lawful self-defense that is compact in size, designed to be carried on or about the person, and contains not more than two ounces of chemical. See Florida Statutes 790.001
  • Seller: means any developer or any other person, or any agent or employee thereof, who offers timeshare interests in the ordinary course of business. See Florida Statutes 721.05
  • Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts
  • Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
  • serious bodily injury: means an injury to a person which creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or an organ. See Florida Statutes 775.30
  • Serious personal injury: means great bodily harm or pain, permanent disability, or permanent disfigurement. See Florida Statutes 794.011
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Settlor spouses: means a married couple who establishes a community property trust pursuant to this part. See Florida Statutes 736.1502
  • Sexual battery: means oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose. See Florida Statutes 794.011
  • Short-barreled rifle: means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches. See Florida Statutes 790.001
  • Short-barreled shotgun: means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches. See Florida Statutes 790.001
  • Slungshot: means a small mass of metal, stone, sand, or similar material fixed on a flexible handle, strap, or the like, used as a weapon. See Florida Statutes 790.001
  • Sparkler: means a device which emits showers of sparks upon burning, does not contain any explosive compounds, does not detonate or explode, is handheld or ground based, cannot propel itself through the air, and contains not more than 100 grams of the chemical compound which produces sparks upon burning. See Florida Statutes 791.01
  • Special assessment: means any assessment levied against a unit owner other than the assessment required by a budget adopted annually. See Florida Statutes 718.103
  • Special assessment: means any assessment levied against unit owners other than the assessment required by a budget adopted annually. See Florida Statutes 719.103
  • Specific multisite timeshare plan: means a multisite timeshare plan with respect to which a purchaser receives a specific right to use accommodations and facilities, if any, at one component site of a multisite timeshare plan, together with use rights in the other accommodations and facilities of the multisite timeshare plan created by or acquired through the reservation system. See Florida Statutes 721.52
  • Split interest trust: means a trust for individual and charitable beneficiaries that is subject to the provisions of…. See Florida Statutes 736.1201
  • Standby guardian: means a person empowered to assume the duties of guardianship upon the death or adjudication of incapacity of the last surviving natural or appointed guardian. See Florida Statutes 744.102
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Sterile area: means the area of an airport to which access is controlled by the inspection of persons and property in accordance with federally approved airport security programs. See Florida Statutes 790.001
  • Structural integrity reserve study: means a study of the reserve funds required for future major repairs and replacement of the condominium property performed as required under…. See Florida Statutes 718.103
  • Structural integrity reserve study: means a study of the reserve funds required for future major repairs and replacement of the cooperative property performed as required under…. See Florida Statutes 719.103
  • structure: means any building of any kind, any enclosed area with a roof over it, any real property and appurtenances thereto, any tent or other portable building, and any vehicle, vessel, watercraft, or aircraft. See Florida Statutes 806.01
  • Structure: means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof. See Florida Statutes 810.011
  • Subpoena: A command to a witness to appear and give testimony.
  • successor developer: which means any person who succeeds to the interest of the persons in this subsection by sale, lease, assignment, mortgage, or other transfer, but the term includes only those persons who offer timeshare interests in the ordinary course of business; and
  • 3. See Florida Statutes 721.05
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervised visitation program: means a program created to offer structured contact between a parent or caregiver and one or more children in the presence of a third person responsible for observing and ensuring the safety of those involved. See Florida Statutes 753.01
  • Surrogate guardian: means a guardian designated according to…. See Florida Statutes 744.102
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Terms of a trust: means the manifestation of the intent of a grantor or decedent with respect to the trust, expressed in a manner that admits of its proof in a judicial proceeding, whether by written or spoken words or by conduct. See Florida Statutes 738.102
  • Terms-of-service agreement: means an agreement that controls the relationship between a user and a custodian. See Florida Statutes 740.002
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Time of distribution: means the time when a disclaimed interest would have taken effect in possession or enjoyment. See Florida Statutes 739.102
  • Timeshare estate: means any interest in a unit under which the exclusive right of use, possession, or occupancy of the unit circulates among the various purchasers of a timeshare plan pursuant to chapter 721 on a recurring basis for a period of time. See Florida Statutes 718.103
  • Timeshare estate: means any interest in a unit under which the exclusive right of use, possession, or occupancy of the unit circulates among the various purchasers of a timeshare plan pursuant to chapter 721 on a recurring basis for a period of time. See Florida Statutes 719.103
  • Timeshare estate: means a right to occupy a timeshare unit, coupled with a freehold estate or an estate for years with a future interest in a timeshare property or a specified portion thereof, or coupled with an ownership interest in a condominium unit pursuant to…. See Florida Statutes 721.05
  • Timeshare instrument: means one or more documents, by whatever name denominated, creating or governing the operation of a timeshare plan. See Florida Statutes 721.05
  • Timeshare interest: means a timeshare estate, a personal property timeshare interest, or a timeshare license. See Florida Statutes 721.05
  • Timeshare interest transfer services: means any good or service relating to an offer or agreement to transfer ownership of a consumer resale timeshare interest, or assistance with or a promise of assistance in connection with the transfer of ownership of a consumer resale timeshare interest, as described in…. See Florida Statutes 721.05
  • Timeshare license: means a right to occupy a timeshare unit, which right is not a personal property timeshare interest or a timeshare estate. See Florida Statutes 721.05
  • Timeshare period: means the period or periods of time when a purchaser of a timeshare interest is afforded the opportunity to use the accommodations of a timeshare plan. See Florida Statutes 721.05
  • timeshare plan: includes :
    (a) A "personal property timeshare plan" which means a timeshare plan in which the accommodations are comprised of personal property that is not permanently affixed to real property; and
    (b) A "real property timeshare plan" which means a timeshare plan in which the accommodations of the timeshare plan are comprised of or permanently affixed to real property. See Florida Statutes 721.05
  • Timeshare property: means one or more timeshare units subject to the same timeshare instrument, together with any other property or rights to property appurtenant to those timeshare units. See Florida Statutes 721.05
  • Timeshare unit: means a unit in which timeshare estates have been created. See Florida Statutes 718.103
  • Timeshare unit: means an accommodation of a timeshare plan which is divided into timeshare periods. See Florida Statutes 721.05
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Totally incapacitated: means incapable of exercising any of the rights enumerated in…. See Florida Statutes 744.102
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust: means :
    (a) An express trust (including an honorary trust or a trust under…. See Florida Statutes 739.102
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: means a fiduciary that holds legal title to property under an agreement, declaration, or trust instrument that creates a beneficial interest in the settlor or other persons. See Florida Statutes 740.002
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: means an attorney who is a member in good standing of The Florida Bar and who has been practicing law for at least 5 years or that attorney's law firm, or a title insurer authorized to transact business in this state under…. See Florida Statutes 721.82
  • Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. See Florida Statutes 738.102
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Unit: means a part of the condominium property which is subject to exclusive ownership. See Florida Statutes 718.103
  • Unit: means a part of the cooperative property which is subject to exclusive use and possession. See Florida Statutes 719.103
  • United States Department of Veterans Affairs: means the United States Department of Veterans Affairs or its predecessors or successors. See Florida Statutes 744.604
  • Unlawful debt: means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in this state in whole or in part because the debt was incurred or contracted:
    (a) In violation of any one of the following provisions of law:
  • Unreasonable: means arbitrary, capricious, or inconsistent with this chapter. See Florida Statutes 723.003
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • User: means a person that has an account with a custodian. See Florida Statutes 740.002
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • User fees: means those amounts charged in addition to the lot rental amount for nonessential optional services provided by or through the park owner to the mobile home owner under a separate written agreement between the mobile home owner and the person furnishing the optional service or services. See Florida Statutes 723.003
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Vacation club: means a multisite timeshare plan. See Florida Statutes 721.52
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • veteran: means a person who served in the active military, naval, or air service and who was discharged or released under honorable conditions only or who later received an upgraded discharge under honorable conditions, notwithstanding any action by the United States Department of Veterans Affairs on individuals discharged or released with other than honorable discharges. See Florida Statutes 1.01
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Victim: means a person who has been the object of a sexual offense. See Florida Statutes 794.011
  • Voting certificate: means a document which designates one of the record title owners, or the corporate, partnership, or entity representative, who is authorized to vote on behalf of a condominium unit that is owned by more than one owner or by any entity. See Florida Statutes 718.103
  • Voting interest: means the voting rights distributed to the members of the homeowners' association, pursuant to the governing documents. See Florida Statutes 720.301
  • Voting interests: means the voting rights distributed to the association members pursuant to…. See Florida Statutes 718.103
  • Voting interests: means the voting rights distributed to the association members as provided for in the articles of incorporation. See Florida Statutes 719.103
  • Ward: means an individual for whom a guardian has been appointed. See Florida Statutes 740.002
  • Ward: means a beneficiary of the United States Department of Veterans Affairs. See Florida Statutes 744.604
  • Ward: means a person for whom a guardian has been appointed. See Florida Statutes 744.102
  • Weapon: means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife. See Florida Statutes 790.001
  • Wholesaler: means any person engaged in the business of selling sparklers to a retailer. See Florida Statutes 791.01
  • Will: means an instrument admitted to probate, including a codicil, executed by an individual in the manner prescribed by the Florida Probate Code, which disposes of the individual's property on or after his or her death. See Florida Statutes 740.002
  • wrecker operator: means any person or firm regularly engaged for hire in the business of towing or removing motor vehicles. See Florida Statutes 1.01
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
  • writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01